rebuttable presumption

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Rebuttable Presumption

A conclusion as to the existence or nonexistence of a fact that a judge or jury must draw when certain evidence has been introduced and admitted as true in a lawsuit but that can be contradicted by evidence to the contrary.

A rebuttable presumption can be overturned only if the evidence contradicting it is true and if a reasonable person of average intelligence could logically conclude from the evidence that the presumption is no longer valid. For example, a person who has been judicially declared incompetent is presumed incompetent unless there is sufficient proof, usually in the form of medical testimony, that the person has regained competency.

In Criminal Law, there is a Presumption of Innocence in favor of the accused. The prosecution must establish Beyond a Reasonable Doubt that the accused committed the crime charged.

rebuttable presumption

n. since a presumption is an assumption of fact accepted by the court until disproved, all presumptions are rebuttable. Thus rebuttable presumption is a redundancy. (See: presumption)

rebuttable presumption

References in periodicals archive ?
A rebuttable presumption is a conclusion to a fact in presence of certain evidence and can be overturned only if an evidence on the contrary is provided to.
The creditor is entitled to a rebuttable presumption that the sale price of the properly is equal to the fair market value of the property at the time of sale.
263(a)-5(f) there is a rebuttable presumption that success-based fees facilitate a transaction and, therefore, must be capitalized.
The rebuttable presumption afforded higher-priced QMs will likely do little to protect creditors.
If the partner is over 10 and under 14, there is a rebuttable presumption that no consent was given, but the defendant should have to prove the child consented and understood the nature of the act to which consent was given.
For higher-priced QMs, there is a rebuttable presumption that the bank complied with ATR.
5% over an index of annual percentage rates maintained by the Federal Reserve, and the rebuttable presumption offered for higher price mortgages.
He later served as the national legislative director of the Blinded Veterans Association, where he authored legislation that provided for a rebuttable presumption of service-connection for permanently and totally disabled veterans so their spouses and dependents could qualify for death and indemnity compensation.
If a defendant can defeat FOTM's rebuttable presumption, it defeats class certification and effectively prevails on the case.
A "permissible inference" rule, by contrast, would in effect establish a rebuttable presumption of impairment at five nanograms.
For short-term marriages, defined as less than 11 years, a rebuttable presumption against awarding alimony would have existed.
The remedy for this deficient rule is to make causation a rebuttable presumption.